Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Free Speech (2)
- Health law (2)
- Activism (1)
- Authors (1)
-
- Bar Exam (1)
- Blockchain, Medicare payments, Health Care, Health Law (1)
- Brain injuries (1)
- CTE (1)
- Central Hudson Gas & Electric Co. v. Public Service Commission of N.Y. (1)
- Central Hudson Test (1)
- Civil Rights (1)
- Community healthcare (1)
- Concussion (1)
- Criminal Law, Appellate Procedure, Rules (1)
- Criminal Law, Criminal Procedure, Plea Bargaining, Vertical Prosecution, Community Policing, Community Prosecution, Community Probation (1)
- Criminal Law, Judges (1)
- Criminal Law, Jury Selection (1)
- Criminal Law, Prosecutional Ethics, Wrongful Convictions (1)
- Criminal Law, Public Defender, Ethics, Professional Responsibility, Gideon v. Wainwright, Powell v. Alabama, Fourteenth Amendment (1)
- Criminal Law, Rappers, Rap Music, Evidence, Juror Bias (1)
- Criminal Law, Rules of Evidence, Criminal Procedure, Practitioner (1)
- Criminal Law, Self-defense, Tennessee, Tennessee Supreme Court (1)
- Criminal Law, Sexual Assault, Sexual Harassment, Prosecution, Defense (1)
- Criminal Law, Tennessee, Tennessee Supreme Court, Advice of Rights, Death Sentence (1)
- Criminal Law, Tennessee, Tennessee Supreme Court, Sentencing, Appellate Review (1)
- Criminal Law, Title IX (1)
- Criminal Law, Title IX, Administrative Law (1)
- Criminal Law, Title IX, General Counsel (1)
- Criminal Law, Title IX, Sexual Assault, Sexual Harassment (1)
- Publication
- Publication Type
Articles 1 - 30 of 43
Full-Text Articles in Law
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Ida B. Wells: Fearless Journalist From Memphis Who Changed The World, David L. Hudson Jr.
Law Faculty Scholarship
"Today's climate features hostility toward freedom of the press and negative attitudes toward journalists ... [T]here was a time when journalists were admired for their fearless pursuit of the truth and their exposure of corruption." This article provides an overview of the life and work of Ida B. Wells, particularly her work as a journalist and activist.
Whole Health: A Community Approach To Healthcare Keynote #1, Professor Laura Hermer
Whole Health: A Community Approach To Healthcare Keynote #1, Professor Laura Hermer
Belmont Health Law Journal
No abstract provided.
The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore
Belmont Law Review
In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a)(3) was …
Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce
Metropolitan Nashville Board Of Public Education Panel Discussion, Sharon Gentry, Christiane Buggs, Will Pinkston, Mary Pierce
Belmont Law Review
Five Members of the Metropolitan Nashville Board of Public Education participate in a panel discussion on the current state of K-12 Education in Tennessee.
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Capitán América: The Impact Of Trips On The Cultural Trade Balance In Latin America, Laurann Johnson Kirschner
Belmont Law Review
This Note will discuss the cultural implications of TRIPS-mandated copyright structures on developing countries in Latin America and suggest implementation of co-production schemes across the region which will capitalize on Latin American countries’ particular strengths in common language and cultural proximity. Part I will discuss the terms of TRIPS itself, and shed light on how it changed the landscape of trade in cultural goods around the world. In turn, Part II will demonstrate how TRIPS contributes to the homogenization of cultural goods consumption by making it increasingly expensive for developing countries to compete on the world market, thereby creating an …
Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell
Katz-Calls: Application Of Fourth Amendment Protection To Police Use Of Smartphone Emergency Functionality, Ryan Russell
Belmont Law Review
In determining whether an officer’s use of the Emergency function of a phone is a search, it is important first to lay a foundation for why the Constitution provides protection against searches in the first place. Part I of this Note will provide a brief overview of why the Fourth Amendment was adopted, and what rights it is intended to protect. Next, it is impossible to know whether use of Emergency would qualify as a search unless we know how a search is defined. Part II of this Note will examine the tests that have developed over the years, namely …
The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater
The Sequential Movement Challenge Of Higher Education Access, Jonathan D. Glater
Belmont Law Review
Too often, discussion of how best to promote greater and more equitable access to higher education in the United States centers on a single set of challenges when in fact they are many, varied, and interrelated. There is the challenge of student diversity: the student body at the most elite institutions does not look like the population of the nation as a whole. There is the burden of cost: the price of higher education both deters potential students and burdens those who must borrow to enroll, whether they graduate or not. There are disturbing disparities in standardized test scores: the …
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by General Amy Weirich, who serves as the District Attorney General for the 30th Judicial District in Memphis, Tennessee. She speaks about what district attorneys do and also, the big question posed: “If I could change one thing about the criminal justice system, what would that be?”. She starts by providing background on how the office in Shelby County, Tennessee, works and how most DA’s offices work around the nation and moves on to Shelby County's pilot of vertical prosecution including community policing, community prosecution and hopeful implementation of community …
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Wade Davies a partner at Ritchie Dillard Davies & Johnson in Knoxville, Tennessee. You should never assume that you know how to do something no matter how long you have been practicing law. One of the best things you can do if you’re trying cases, no matter how long you’ve been doing it, is to take out the rule book and re-read the Rules of Evidence and the Rules of Criminal Procedure. When you read the rules in a different context when you’re working on different cases, reconsidering the rules …
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Dawn Deaner the Metropolitan Public Defender for Nashville-Davidson County. Today I will talk about the problems I see in Tennessee, and some solutions that could help. I am a public defender, and I am going to talk about public defense in Tennessee from a public defender’s perspective. I will touch upon ideals of equality, justice, fairness, and ethics. I will also touch on our legal duty, as well as our moral duty as people who care, hopefully, about equal justice in this country.
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current visiting Professor of Law at Belmont University College of Law. Today, we are going to talk about lessons from wrongful convictions. We are going to look at the historical contexts of wrongful convictions. We will examine some of the main factors that seem to exist in some of the important cases that illustrate those wrongful convictions. We will also talk about the possible causes and look at the role that lawyers play, regardless of which side of …
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal
Transcript of the Judicial Panel given during the 2017 Symposium featuring Chief Justice Jeffrey S. Bivins, Judge Joseph A. Woodruff, Judge Timothy L. Easter, and Judge Angelita B. Dalton.
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Belmont Criminal Law Journal
Sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Laurence Pendleton who serves as University Counsel and Secretary to the Board of Trustees at Tennessee State University and Jeff Farrar who serves as the Associate University Counsel for Middle Tennessee State University discussing the role of the Department of Education in providing recommendations and advice to universities and the role of an attorney in the general counsel's office in interacting with Title IX.
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Rob McGuire who currently serves as Assistant United States Attorney for the Middle District of Tennessee and an adjunct professor at Belmont University College of Law speaking on Jury Selection.
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Leslie Price with the Tennessee Attorney General’s Office and Jeff DeVasher with the Nashville Public Defenders Office discussing some appellate law issues.
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Antoine Perrier”. The law now holds that the Tennessee legislature intended that the phrase “not engaged in unlawful activity” contained in the self-defense statute constitutes a condition on an individual’s privilege to not retreat prior to exercising self-defense. Next, the trial court now possesses the duty of determining whether a defendant was engaged in unlawful activity at the time of the alleged self-defense as to negate the applicable instruction. Those holdings are the newest additions to Tennessee law.
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Kevin E. Trent”. The central holding vacating the sentence in this case did not establish a new doctrine of law but merely reiterated the holding in Travis that the essential elements of the offense alone cannot justify denial of probation in a probation-eligible offense. The Trent decision should be viewed by trial judges and practitioners primarily as a reminder of that principal. On the other hand, the court broke some new ground in appellate review. Prior decisions established that appellate courts can only uphold a sentence if the …
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Sedrick Clayton”. All defendants charged with crimes deserve a competent and rigorous defense because of the higher stakes in a criminal matter, the loss of liberty, and none more so than in a capital punishment case where the stakes for the defendant are at the highest—the loss of life. This case and the Court’s subsequent analysis illustrates the incredible importance of compliance with all procedural requirements when mounting a defense on behalf of a defendant, as the failure to comply with certain procedural rules ultimately resulted in the …
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
Belmont Criminal Law Journal
During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, which bars substantial claims of ineffective assistance of appellate counsel that have been procedurally defaulted. However, despite the merits of limiting the number of cases which were not diligently pursued by an inmate, the Court states its conclusion too broadly and now effectively bars a prisoner from bringing claims of significant trial error in front of any court. A prisoner’s claim that was not available until a trial-level appeal, and was then avoided due to ineffective post-conviction counsel, may now be dodged by …
Anything You Spit Can Be Use Against You, Juliana Lamar
Anything You Spit Can Be Use Against You, Juliana Lamar
Belmont Criminal Law Journal
Rap lyrics have a high probative value when the lyrics tend to show a defendant’s destructive behavior and confrontational mindset, but the use of this evidence can be highly prejudicial to criminal defendants. Studies have shown graphic evidence leads jurors to experience negative emotional states, and to analyze evidence in accordance with those feelings. This suggests that if a defendant’s profane and violent lyrics are presented before the jury, there is a strong likelihood the jury will react more to the words in the lyrics in characterizing the defendant, rather than the defendant’s case as a whole. To avoid the …
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
No Angels In Academe: Ending The Constitutional Deference To Public Higher Education, William E. Thro
Belmont Law Review
This Article’s thesis is simple—because public university administrators are no more angelic than other constitutional actors are, the judiciary’s deference to higher education officials must end. There is no reason for greater deference to the academy than to other governmental units. Instead, judges must subject higher education administrators to the same skepticism and doubt as other constitutional actors. This Article has three parts. Part I examines how the Courts treat academe’s constitutional actors more deferentially than constitutional actors in other spheres. Specifically, it discusses different approaches concerning racial preferences, student religious groups’ freedom of association, and due process for students …
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Private School Vouchers And The Failed Promise Of Osmosis, Margareth Etienne
Belmont Law Review
Over the years, advocates for education reform have championed a range of strategies including accountability through high-stakes testing, incentives for students, teachers, small class sizes, parental involvement, school uniforms, technology in classrooms, extending the school year, curricular change, and so on. One recurring and consistent argument for school improvement and student achievement has been that students of lesser means do better in mixed settings or when grouped with students of higher means. This idea, that the rising tide lifts all boats, has been at the core, or at least figured as a central argument, in several social movements in education …
The Problem Of Intradistrict Inequality, Kristen E. Murray
The Problem Of Intradistrict Inequality, Kristen E. Murray
Belmont Law Review
American elementary and secondary school students have dramatically different educational experiences depending on the school in which they are enrolled. This raises an important question: where should we look to determine where any inequalities might lie? This Article discusses five different factors that contribute to inequalities within school districts. Part I addresses each of these in turn: school segregation; resource inequalities; gaps in private fundraising; school district secession; and the limitations of school choice. Taken together, these factors suggest that intradistrict inequalities create a complicated and difficult problem to solve. It is therefore imperative that if we are going to …
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Oral Argument: Transformation, Troubles, And Trends, Marshall L. Davidson Iii
Belmont Law Review
This article explores the dynamic transformation of oral argument from early in American history, its markedly changed significance relative to briefs, and where trends and innovative ideas, including some recently taking root in Tennessee, may take this enduring tradition in the future. To understand the transformation of oral argument and contemporary attitudes about it, one must be familiar with its origins and the crucial role it played in the decision-making process in England and in the formative years of the United States.
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Hashing It Out: Blockchain As A Solution For Medicare Improper Payments, William J. Blackford
Belmont Law Review
Part I highlights the inadequacies and inefficiencies of our Medicare payment system, focusing on the initiatives currently in place and the susceptibilities that persist. Part II offers a broad overview of the development, importance, features, and collateral technologies surrounding blockchain. Part III posits that Congress and HHS, through its various subsidiary agencies, should work in tandem with private stakeholders to create and/or implement a blockchain-based infrastructure to facilitate federal healthcare payments and support future growth of quality-based initiatives. This Note concludes with a recommendation for future agency research focusing on the viability and cost efficiency of a blockchain solution.
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Promise Or Peril: Reframing Parental Rights In Special Education Through School Choice Reform Initiatives, Susan C. Bon
Belmont Law Review
While several court rulings have recognized parental rights over education to varying degrees, the emergence of a common public school agenda has led to an increasing establishment of barriers limiting opportunities for parents to exercise their rights and control over the upbringing of their children via school choice initiatives. Parental rights and the exercise of choice are further complicated and restricted for parents of students with disabilities. Although the right to an education is protected under the Individuals with Disabilities in Education Act (IDEA), parental choice is recast as parental participation in the educational decisions affecting children with disabilities. In …
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Searching For Balance With Student Free Speech: Campus Speech Zones, Institutional Authority, And Legislative Prerogatives, Neal H. Hutchens, Frank Fernandez
Belmont Law Review
In the essay, the authors examine the permissibility of student speech zones under the First Amendment. Related to this discussion, the essay also considers recent state legislative efforts to prohibit public colleges and universities from enforcing such campus speech zones. The authors are supportive of legislative measures related to speech zones, but several provisions in proposed state laws and model legislation go beyond this issue and would potentially undercut student free speech rights and unduly interfere with institutional autonomy to manage and respond to issues involving speech and expression on campus. Instead, legislators should exercise restraint when it comes to …
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Flying High In The Regulatory State: An Analysis Of State Regulatory Systems For The Distribution Of Medical Cannabis, Andrew Goldstein
Belmont Law Review
This Note examines a variety of factors common to existing state regulatory systems to identify the best ways to regulate the distribution of medical cannabis. These factors include: (1) the number and type of qualifying medical conditions, (2) patient access to medical cannabis through personal cultivation and dispensaries, (3) privileged health care professionals and recommendations of medical cannabis to patients, and (4) patient registration requirements and state reciprocity. In analyzing each factor, this Note discusses existing state systems that excel in relation to each factor and existing state systems that perform poorly in relation to each factor. Finally, this Note …
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
#Iceoffourcampus: The Liability And Responsibility Of Colleges And Universities For The Educational Attainment Of Dreamers, David H.K. Nguyen
Belmont Law Review
This law review article will: (1) examine the current state of affairs in educational attainment of undocumented students, (2) examine the federal and state policies that impact higher education access to undocumented students, including, but not limited to, state legislation, state action, institutional policies, and federal executive orders, and (3) provide a history of the sanctuary movement, an examination of various campus sanctuary policies, and an analysis of the legality of this debate. By understanding this policy maze and the lack of federal intervention for comprehensive immigration reform, this background forms the foundation to examine the liability and responsibility of …